Helping You Transfer Property After Family Court Orders

Ensure your compliance with Landgate and Revenue WA, whilst protecting your legal and financial interests.

Make The Process Worry Free with the Easiest Family Court Property Transfers in Perth

When a marriage or de facto relationship ends, the assets of the couple need to be divided between the parties. When it comes to real estate, you may be eligible to transfer a property and only be liable for nominal stamp duty, which is currently $20, rather than the general rate of duty. 

In order to be eligible for this reduced duty amount, the couple will need to enter into a binding financial agreement or obtain orders from the Family Court. Usually, our client have reached an agreement with their former partner and submit consent orders to the Family Court to be approved by the Court.

In order to prepare the necessary documents for Landgate and Revenue WA, we just require a copy of the Binding Financial Agreement or the Court orders.

Upload Your Agreement/Court Orders Here

Add your binding financial agreement, or your court orders here. Our team will then go ahead and analyse it and get back to you with the next steps. If you would rather email, please send to contact@perthlegalproperty.com.au!

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Our Process For Family Court Transfers:

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Review Your Order Or Agreement

We start by reviewing your Family Court order, consent order, or financial agreement to understand the exact terms of your property division.

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Verification of Identity

We provide the parties a VOI (Verification of Identity) link so that they can have their identity verified from the comfort of their own home.This saves our clients from having to go to a participating Australia Post to pay to get their identity verified.

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Complete Landgate Documents

We prepare the Transfer of Land form and all necessary supporting documentation — including duty assessments, mortgagee consents, and verification papers.

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Submit The Documents for Duty Assessment

We prepare and lodge duty documentation with Revenue WA on your behalf, ensuring your transfer qualifies for any relevant concessions.

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Lodgement & Registration

Once it has been duty assessed, we lodge the documents with Landgate for registration.

Frequently Asked Questions

What is the difference between a Family Court transfer and a regular transfer?

A Family Court transfer arises specifically from a court order or binding financial agreement after relationship breakdown which provide a duty exemption unlike a regular transfer between parties which is assessed at the general rate.

The Family Court orders or Binding Financial Agreement should deal with all assets of the couple (such as bank accounts, superannuation, and real estate). The Orders or Agreement should specifically detail how the property is to be dealt with to be eligible for nominal duty.

Timing varies depending on document accuracy, VOI, mortgagee consents, and duty clearance. It can take Revenue WA up to 2 months to duty assess a transfer and Landgate can take a further 2 months to complete the registration. If absolutely necessary, we can expedite this process.

Yes, people do try to complete these documents themselves but errors in completing the documents will delay the processing of the documents. We also find that clients prefer to avoid having to pay $49 and find a participating Australia Post outlet when our process allows for this to all be done from the comfort of your home.

Our Services

CONTACT US

PERTH:
Level 25, 197 St Georges Terrace, Perth WA 6000
08 6256 2888
contact@perthprobatelawyer.com

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